Where is R2P grounded in international law? Anne-Marie Judson A ...

eformation under Article 13 covers the rights of aliens to not be expelled to another
country except by the courts. 361
WHAT ARE THE REASONS GIVEN FOR A STATE OF EMERGENCY?
The most common reason for declaring a state of emergency is because of a terrorist
threat, an armed aggression, foreign aggression or the threat of a civil war. These
have been cited as the reason for a state of emergency on at least 26 different
occasions. These derogations include terrorist attacks, escalating aggression, including
violence against citizens in Azerbaijan between 1993 and 1995; Martial Law in
Bolivia in 2008; extremist groups; the attempt to overthrow the Government of Chile
in 1976 and terrorist aggression and the stockpiling of weapons in 1986; armed groups
in Columbia in 1976 and 1984 and terrorist activity in 1992 and1993, and criminal
guerilla warfare, violence and terrorist activity in 1994, 1995 and 1996 as well as
conflict in Ecuador in 2002; martial law in El Salvador in 1985 and terror and
violence in 1989; terrorist attacks in Nepal in 2002; and foreign aggression by the
United States to Nicaragua from 1985 to 1988 and Armed attacks in 1993.
Martial Law was used as the reason for Poland in1982 as well as averting a civil war
in 1983. The use of weapons and the problems associated with extremist groups have
been used by Russia on a number of occasions between 1990 and 1994; The chaotic
war in Sudan from 1989 that continues today as well as civil conflict in Venezuela
from 1992 to 1995; and terrorism in Northern Ireland between 1976 and 2001; as
well as the terrorist attacks on 9/11 New York cited by the United Kingdom of Great
Britain for the state of emergency between 2001 and 2005. Lastly Israel has declared
that due to the constant threat of attack it is continuously under the state of
emergency, this has been in force since 1948.
The second most common reason for a state of emergency is political uprising. States
have chosen this reason for derogation on 19 separate occasions citing uprisings from
civilians of one type or another. These have included Bahrain from March to May
361 These statistics do not include the articles that have been lumped in as catch all phrases on
the application. Nor does it include any assumptions of derogations in cases where the state has
not listed any articles at all. Lastly it does not include the constitutional derogations that the state
has listed as derogations that are similar to the articles but not exact.
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